Terms And Conditions

Additional Information

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These terms and conditions under this agreement (“User Terms”) apply on the usage of our website www.golocouno.com ("Website"), Service and to all information, recommendations and/or services provided to you on or through the Website and/or through the Customer Care (“CC”) at tech@golocouno.com

The terms and conditions mentioned in the User Terms along with the Privacy Policy constitute the entire contract between the User (as defined below) and Goloco (as defined below) with respect to access to and use of the website and the Services offered by Goloco, superseding any prior written or oral contracts in relation to the same subject matter herein.

The term “You/Your” refers to the User of the Service, Website and the CC.

Goloco Local Discovery Services PRIVATE LIMITED is a private company registered under the Companies Act, 2013 having its registered office at Primrose road, off Mg Road, Bangalore, Karnataka, India (hereinafter referred to as “Goloco”).

Goloco is a registered trademark of Goloco Local Discovery Services Private Limited.

Definitions

“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question;

“Service” shall mean technology platform and program provided by Goloco for enabling the Users to carry out transaction or engagement at merchant venue, website and mobile based application and providing the Users engagement services and payment management system;

“Products” shall mean goods like food and beverages and /or services offered by the Merchants on Merchant’s venue, website, e-commerce website and mobile based application;

“User” shall mean any individual, business entity/organization or any other body corporate that legally operates in India as approved by Goloco;

Consent to accept terms of this agreement

By clicking on the ‘beer relay’ or ‘beer pong’ or ‘dart knight’ or ‘karaoke’ or ‘hottest’ or ‘chat’ or any other of similar nature, (i) you confirm that eligible under Applicable Law to contract with Goloco, (ii) you consent to conduct transactions, accept the terms and conditions of this Agreement and the Privacy Policy as displayed on the Website and (iii) you consent to receive communications, notices and information from us (whether through SMS, emails, phone calls, automated phone calls or by any other means). Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number / details provided by You or any other third party during the sign-up process as per our records, or when we post the electronic communication on the Website.

The Service

Goloco offers a technology platform on www.golocouno.com and at merchant venue, website and mobile based application.

2 Goloco’s technology platform is an enabling platform for a User to connect with other users, independent merchants/seller (“Merchant”) providing Services and facilitating payment for such Services through its online platform.

3 Goloco shall procure reasonable efforts to facilitate your transaction with a Merchant in order to engage with other users and obtain Products like food and beverages at the venue, subject to the availability of Products with the Merchant.

4 By using the Website, Service and/or the CC you hereby acknowledge that Goloco is not a Merchant. Goloco only acts an intermediary between you and Merchant.

5 For the avoidance of any doubt, Goloco itself does not provide Products and Goloco is not a provider of Products. It is up to the Merchant to offer Products, which may be requested through the use of the online technology platform. Goloco only acts as intermediary between you and the Merchant. The provision of the Products by the Merchant to you and any liability therefrom is therefore subject to the agreement (to be) entered into between you and the Merchant. Goloco is not privy to such agreement.

6 Goloco does not at any point of time during any transaction between User and Merchant, take the ownership of any of Products nor does it at any point asserts any rights or claims over the Products offered by Merchant to User.

7 For enabling the Service, Goloco may partner with one or more banks or financial institutions (“Financial Partner”). Users agree to abide by any terms and conditions which such Financial Partner may specify.

8 Goloco shall collect and hold all documents, writings, agreements, cheques, drafts, other instruments received from the Users including without limitation post dated cheques, demand promissory notes, correspondence and records relating to the payments for the Products, in trust and as agent for the Financial Partner or the Merchant, as the case may be.

9 Goloco shall maintain necessary records in respect of the transactions entered into by the User with the Merchants and amounts due in respect of Products and the User agrees to sharing of such records by Goloco with the Financial Partner or the Merchant in order to facilitate the Service. The User agrees that such records as maintained by Goloco shall be sufficient proof of the transactions entered into between the User and Merchants and the amounts due thereto, which the User shall not dispute.

10 Goloco reserves the right to change the nature of Services from time to time without any prior notice.

11 User acknowledges and agrees that Goloco may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Goloco’s sole discretion, without prior notice to you. You may stop using the Services at any time, unless amounts are due from you to Goloco under the User terms. You do not need to specifically inform Goloco when you stop using the Services.

12 Goloco reserves the right to set a fixed upper limit on the number of transactions, communications and transmissions you may send or receive through the Services, at any time, at its discretion.

User eligibility

1 Users as approved by Goloco, shall have the right to use the Service provided by Goloco.

2 The Service is available only to Users who can form legally binding contracts under the Applicable Law.

3 User must not be a minor as per Applicable Law i.e. User must be at least 18 years of age to be eligible to use our Service.

4 Goloco advises its Users that while accessing the Website, Service or CC, they must follow and abide by the Applicable Laws. Goloco at all the times reserves the right to deny Service.

User accounts, offers and promotions

1 Goloco collects general user data including name, email-id, address, contact details etc. to facilitate Services by creating an account of the User on the Website in accordance with Applicable Laws. Goloco also collects relevant user data from the Merchants to facilitate the Service efficiently. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Goloco reserves the right, at any time, to take steps necessary to ensure User’s compliance with all relevant and applicable KYC requirements, if any.

2 It is assumed that all information provided by the User and/or the Merchants for signing up on the Website is correct accurate and up to date. Goloco can verify the information that User or any other third party has provided and choose to refuse the Service or use of the Website without providing reasons. Also, Goloco reserves the right to terminate its Services on account of misuse and misrepresentation of any information provided by the User and the same will lead to automated termination of Service without any prior notice to such User.

3 User account bearing details provided by the User are created and owned by Goloco. Any promotional discounts, offers and reward points accumulated or likes of such provided by the Merchants can be revoked without prior notice in the event of suspicious account activity or malafide intent/conduct of the User. In the case where the system is unable to establish unique identity of the User against the details provided to Goloco, the account shall be indefinitely suspended. Goloco reserves the full discretion to suspend a User's account in the above event and does not have the liability to share any account information whatsoever.

Usage conditions

1 Users agree to use the Services only for purposes that are permitted by a) the User Terms and b) any Applicable Laws as amended from time to time for the time being in force.

2 By using the Website You agree not to:

a authorize others to use your account;

b assign or otherwise transfer Your account to any third person or legal entity;

c use the Service or Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;

d use the Service or Website to cause nuisance, annoyance or inconvenience;

e use the Service or Website with an incompatible or unauthorized device;

f impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Website or Service;

g reverse engineer or access the Service or Website in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Website or copy any ideas, features, functions or graphics of the Website,

h launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or Service;

i try to harm the Service or Website in any way whatsoever;

j disclose information designated as confidential by Goloco, without Goloco’s prior written consent; and

k copy or distribute the Service or Website or other Goloco content without written permission from Goloco.

3 You are solely responsible for any breach of your obligations under this agreement (including financial obligations) and for the consequences (including any loss or damage which Goloco may suffer) of any such breach.

Payment conditions

a Users availing the Service shall be entitled to purchase Products from the Merchants within the monetary limits set by Goloco. Goloco reserves the right to vary such monetary limits applicable to each User.

b While using the Service, the User by clicking on the “game on” button or any other similar button as provided under the Service on Merchant’s venue, website, e-commerce website and mobile based application, shall effectuate the transaction vis-à-vis the Merchant or the Merchant and Financial Partner as the case may be and the transaction shall be deemed to be complete.

c “Check-In” shall mean an act of purchase, visit, reviewing or interaction with a Goloco Outlet Partner where a user shares his location and other details either through the Goloco Mobile App or by sharing registration details with the outlet staff.

d “start Game on” shall mean active participating of the user in games like ‘beer pong’, ‘beer relay’, ‘dart knight’ and so on . Goloco reserves the right to provide offers at various outlets to user upon starting the game. Goloco might take due consideration with which users to provide such offers.

e “Start voting” shall mean engagement consent given by a user to other users to actively vote. Goloco may revoke such suspension upon imposing any additional terms and conditions on the User and such additional terms and conditions shall be deemed to consititute a part of the User Terms.

f “Chatting” shall initiating a chat with other users. Goloco may revoke such suspension upon imposing any additional terms and conditions on the User and such additional terms and conditions shall be deemed to consititute a part of the User Terms.

g Goloco reserves the rights to proceed against You in any manner as Goloco may deem fit (including but not limited to any court process in a jurisdiction of Goloco’s choice) as per Applicable Law in relation to any amount due as per the terms of this agreement.

User further agrees to:

a have understood the contract and terms and conditions laid therein with Goloco for Website usage and you have clearly understood the Service;

b use the Services for personal purpose only (applicable in case of individuals);

c use an access point or 3G/4G data account which you are authorized to use;

d the business entity, organisations and body corporate shall use the Services for authorised purpose only;

e keep account information confidential or any other identification provided by Goloco which allows access to the Service and the Website;

f provide with proof of identity/address reasonably requested by Goloco;

g comply with all Applicable Law while using the Website and the Service; and

h not access or (attempt to access) any of the Services by any means other than through the interface that is provided by Goloco.

Goloco reserves the right to immediately terminate the Service and the use of the Website should you not comply with any of the above rules.

General customer behaviour while using service

1 It is expected that a reasonable behaviour shall be followed by the Users while utilizing the Services offered by the Website and/or CC.

2 All the calls made to the Goloco’s CC are recorded by Goloco for quality and training purposes.

Representation and warrenties
Without prejudice to the above, Goloco makes no representation or warranty that:

1 The Services will meet the User’s requirements.

2 The Services will be uninterrupted, timely or error free.

Amendment to terms of contract

Goloco reserves the right to add, vary or amend any or all these terms and conditions at any time without prior notice and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these User Terms at Goloco’s website at www.golocouno.com on the date that Goloco may indicate that such addition, variation or amendment is to come into effect.

Intellectual property rights

1 Goloco is the sole owner or lawful licensee of all the rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other Applicable Laws. All title, ownership and intellectual property rights in the Website and its content shall remain with Goloco, its affiliates or licensor's of Goloco content, as the case may be.

2 These User Terms do not constitute a sale and do not convey to User any rights of ownership in or related to the Website, or any intellectual property rights owned by Goloco.

3 All rights not otherwise claimed under this contract by www.golocouno.com are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Goloco does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services provided through the online technology platform. Goloco reserves the right to make changes and corrections to any part of the Content of this Website at any time without prior notice.

4 We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information on this Website is provided "as is" and “as available” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Goloco be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. User(s) of this Website must hereby acknowledge that any reliance upon any content shall be at their sole risk. Goloco reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. It reserves the right to moderate, publish, re-publish, and use all user generated data, contributions and comments (including but not limited to reviews, comments, likes, favourites, votes) posted on the Website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. It is not liable to pay royalty to any user for re-publishing any content across any of its platforms, social media forums or in relation to any of its promotional activities.

5 Goloco reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Services or the Website.

Trademark

All related icons and logos are registered trademarks or service marks of Goloco in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights Applicable Laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

Copyright

1 All content on the Website and Service is the copyright of Goloco except the third party content and any link to third party website on our Website.

2 Any systematic retrieval of Goloco content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Goloco is prohibited.

3 In addition, use of the content for any purpose not expressly permitted in this agreement is prohibited and may invite legal action. As a condition of Your access to and use of Goloco's Services, You agree that You will not use the Website and/or Service to infringe the intellectual property rights of others in any way. Goloco reserves the right to terminate the account of a User(s) upon any infringement of the rights of others in conjunction with use of Goloco’s Service, or if Goloco believes that User’s conduct is harmful to the interests of Goloco, its affiliates, or other Users, or for any other reason in Goloco's sole discretion, with or without cause.

Arrangement between you and the issuing bank

1 All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective issuing bank and payment instrument issuing company.

2 All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to You. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between You and the respective issuing bank.

Indemnification and limitation of liability

1 Goloco shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use Products offered by Merchant or due to the failure of Merchant to provide Product to the Users for any reason whatsoever including but not limited to the User's noncompliance with the Service’s terms, malfunction, partial or total failure of any network terminal, data processing system, computer telecom transmission or telecommunications system or other circumstances whether or not beyond the control of Goloco or any person or any organization involved in the above mentioned systems.

2 Goloco will not be liable for any damages of any kind arising from the use of the Products offered by the Merchant including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

3 Goloco shall not be liable for any Content that you may find indecent, offensive or objectionable. You shall use the Services at your own risk.

4 Goloco will take all reasonable measures to ensure that Merchant should fulfill his duty properly but there may be exceptions and therefore Goloco will not be held liable for any such compensation on account of the Merchant not meeting expectations of Users.

5 Goloco shall not be liable for any conduct of the Merchant or the Financial Partner. Goloco encourages Users to notify any complaints that User may have against any Merchant that User may have.

6 No advice or information, whether oral or written, obtained by you from Goloco or through or from the services shall create any warranty not expressly stated in the terms.

7 Goloco disclaims any and all liability in respect of the Merchant and their Products provided thereof.

8 User agrees to indemnify and keep Goloco, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by Goloco or its affiliated companies related to any User content posted or transmitted by User during the use of the Website or Service or any unauthorised use of the Website or Service in contravention of this Agreement.

Governing law and dispute resolution

These User Terms shall be governed by, and construed in accordance with, the laws of India, without reference to principles of conflicts of law. The parties agree that the courts of Bangalore shall have exclusive jurisdiction over any dispute arising from or relating to the User Terms and/or the Website.You expressly consent to the personal jurisdiction of said courts and waive any objection to such personal jurisdiction based on forums non convenience or any other basis.